CPSC Issues ANPR Requesting Comments on Reducing ATV-Related Deaths & Injuries
The Consumer Product Safety Commission (CPSC) has issued an advance notice of proposed rulemaking (ANPR) in order to consider whether there may be unreasonable risks of injury and death associated with some all terrain vehicles (ATVs). The CPSC is also considering what actions, both regulatory and non-regulatory, it could take to reduce ATV-related deaths and injuries.
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As described in the ANPR, the CPSC has had extensive involvement with ATVs since 1984; however, in recent years there has been a dramatic increase in both the numbers of ATVs in use and the numbers of ATV-related deaths and injuries.
CPSC Considering Broad Range of Regulatory and Non-Regulatory Actions
In June 2005, the CPSC Chairman delivered a memorandum to CPSC staff asking that they review all ATV safety actions and make recommendations on a number of issues. The CPSC states that this ANPR initiates the rulemaking proceeding under the Consumer Product Safety Act (CPSA) and the Federal Hazardous Substances Act (FHSA). However, the APNR discusses a broad range of regulatory and non-regulatory alternatives that could be used to reduce ATV-related deaths and injuries.
According to the CPSC, the following are options available with regard to addressing the risks associated with ATVs:
Rulemaking. The CPSC will examine the possibility of making aspects of the voluntary ATV standard (ANSI/SIVA-1-2001) or the Voluntary Action Plans mandatory requirements, or to issue other mandatory requirements.
Voluntary Standard. The CPSC will consider whether any possible changes to the current voluntary standard for ATVs (ANSI/SIVA-1-2001) could help reduce ATV-related deaths and injuries.
Corrective Actions under 15 USC 2064. The CPSC explains that it has the authority under 15 USC 2064 to pursue corrective actions on a case-by-case basis if it determines that a product presents a substantial product hazard.
Submission of performance and technical data. The CPSC is authorized to require (by rule) that manufacturers provide the CPSC with performance and technical data related to performance and safety, and that they also provide this information to prospective purchasers as well. CPSC states that the staff will consider whether a rule under section 27(e) of the CPSA could help reduce ATV-related deaths and injuries.
Information and education program. The CPSC is authorized under section 5 of the CPSA to disseminate information to the public concerning data and information related to the causes and prevention of death and injury associated with consumer products. The CPSC staff will consider whether an information and education program could be developed that would help reduce ATV-related deaths and injuries and what such a program might include.
-written comments and submission in response to this ANPR must be received by December 13, 2005.
CPSC contact - Elizabeth Leland (301) 504-7706
CPSC ANPR (FR Pub 10/14/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-20557.pdf